Email and the Law

The future of cookies

You might not have heard of the Government Digital Service (GDS), a new quango within the Cabinet Office that will probably have a significant effect on email marketing and online sales. Its first public act has been to publish a long awaited update to the Information Commissioner’s Office (ICO) guide to the new cookie law … READ MORE »

Cookie Legislation

Email marketing software depends to a certain extent on cookies, devices such as clear gifs which are included in marketing emails or dropped on web users' laptops, tablets, mobiles etc to access or store information on those devices. The information returned is a major factor in ensuring that marketing emails are tailored for individual subscribers. … READ MORE »

The mathematics of email marketing

It is a basic of email marketing that your email list is the most valuable asset you have. Everything you do should go some way to cementing the relationship between you and your subscribers. Upset them and they will go. Trust is an essential. One way of ensuring that customers will click the unsubscribe button … READ MORE »

Judgement

One of the best ideas is to pinch other people’s. Copyright law means that some work still remains to be done but in general the difficult bit is already completed. All you have to do is pick the right email to copy. What makes a good email is all but impossible to define as there … READ MORE »

Data controller

The role of Data Controller is to ensure compliance with the requirements of The Data Protection Act 1998 (The DPA). The DPA defines data controller as a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are … READ MORE »

The Data Protection Act – an introduction

DPA: three initials to strike fear into the heart on anyone with a business which includes processing personal information, including email marketing. But in practice it is little more than a set of rules which would be sensible to comply with anyway. It strikes what many feel is a reasonable balance between the interests of … READ MORE »

The 5 Cond. for Fair Process of Information

For the information to be fairly processed one of the following conditions must apply: there has been explicit consent from the individual to the processing (this is the hard opt-in procedure) it is required by law to process the information for employment purposes or some other legal requirement processing is required to protect the vital … READ MORE »

The Eight Principles of Good Practice in email marketing

If you process personal information the eight principles of good practice for email marketing requires the data to be: Fairly and lawfully processed processed for limited purposes adequate, relevant and not excessive accurate and up to date not kept longer than necessary processed in accordance with the individual’s rights secure not transferred to a country outside … READ MORE »

The Data Protection Act

This is an introduction to the law. If ever there was a time to follow the suggestion of checking first with a lawyer, then if you are involved in direct marketing by email, this is it: and probably a specialist lawyer. The law can change by way of stated case at the stroke of a … READ MORE »

Client compliants

The biggest risk to retaining customers on your database is when you send them email marketing. Up until then it is safe to assume that they are quite content with their relationship with you. But as soon as the email drops into an inbox the threats to your database mount. There is ample evidence that … READ MORE »

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